Author- Sakshi, law student, Sai Nath University, Ranchi
Introduction
In today’s digital age, communication is highly dependent on various communication applications. One such popular messaging platform is WhatsApp, which has changed the way people communicate and made it an integral part of our daily lives. Consequently, the probative value of WhatsApp chats has become a very important issue in court proceedings. The purpose of this blog is to examine the evidentiary value of WhatsApp conversations under the Indian Evidence Act and explain their admissibility, authenticity, and relevance in courts.
Understanding the Indian Evidence Act, 1872
The Indian Evidence Act, of 1872 provides a comprehensive framework for the admissibility, significance, and reliability of evidence in Indian courts. “Any statement permitted or required by the court to be made by witnesses as to the facts under investigation” is evidence under section 3 of the Act. To determine the admissibility of evidence, the law classifies evidence into several categories such as oral evidence, documentary evidence, and electronic evidence.
Permissibility of WhatsApp chats
According to the Indian Evidence Act, electronic evidence, including WhatsApp chats, is considered part of documentary evidence. The law stipulates the acceptance of electronic documents in § 65B, which deals with the acceptance of electronic documents. However, in 2020, the Supreme Court of India made a landmark decision in Arjun PanditraoKhotkar v. Kailash KushanraoGorantyal. The court ruled that a certificate under section 65B(4) is a prerequisite for the admission of electronic evidence, including WhatsApp chats. This means that a certificate issued by the person responsible for the respective computer device, which shows the correctness of the content of the electronic record, is essential for the admissibility of WhatsApp conversations.
Authenticity of WhatsApp chats
Proving the authenticity of WhatsApp conversations is crucial to their probative value. To establish authenticity, the court may require evidence that the chat conversation was not tampered with or tampered with. The Certification Act deals with this issue in section 65 B subsection 2, which deals with the requirement of a certificate proving the authenticity of electronic documents. The certificate must confirm the correctness of the information contained in the electronic record and must be provided by the person who controlled the device used to create the record. In addition, the court may consider other factors such as the identification of the parties involved in the conversation, the consistency of the conversation with other evidence, and any corroborating evidence supporting the authenticity of the conversations.
The importance of WhatsApp chats
In a trial, the evidence must be relevant to the case to be admissible. WhatsApp chats can be very important in various scenarios like criminal cases involving conspiracy, threats, or illegal activity and civil cases involving contracts, disputes, or harassment. The importance of WhatsApp conversations is determined by how they relate to the relevant facts and how they can shed light on controversial issues. Courts will assess the relevance of WhatsApp conversations based on the context, time, content, and parties involved in the conversation. However, it is important to note that not all WhatsApp conversations can be considered relevant and the parties must establish their relevance through appropriate arguments and observations.
Challenges and limitations
While WhatsApp conversations can be valuable evidence, there are some challenges and limitations to their admissibility. One major challenge is to prove the identity of the people who participated in the conversation. It is important to ensure that conversation partners are who they say they are, as false or manipulated identities can undermine the authenticity and credibility of conversations. The court may require additional evidence, such as call records, IP addresses, or expert statements, to identify the parties involved. Another challenge is hacking or manipulating WhatsApp chats. Like electronic records, WhatsApp conversations can be modified or deleted. Therefore, it is important to ensure the integrity of chat conversations and show that they have not been tampered with. This can be achieved by providing evidence such as screenshots, metadata, or expert forensic analysis.
Additionally, the admissibility of WhatsApp chats as evidence may also be questioned based on privacy concerns surrounding these communications. The right to privacy is protected by Article 21 of the Constitution of India and any evidence obtained in violation of that right is inadmissible. However, the courts have found that privacy can be limited in certain circumstances, such as for reasons of national security, public order or crime prevention. The court’s decision on the admissibility of WhatsApp chats depends on a careful balance between privacy rights and the need for justice. To overcome some of these challenges, it is important that the parties present the WhatsApp conversations as part of the comprehensive evidence. Corroborating evidence such as voice recordings, emails, photos, or witnesses can strengthen the probative value of WhatsApp conversations and provide a more complete picture of the case. Cross-examination of the parties involved in the conversations can also help ensure their authenticity and credibility. In recent years, Indian courts have increasingly recognized the evidentiary value of WhatsApp chats. Several high-profile cases have relied on WhatsApp chats as crucial evidence, underscoring their importance in modern trials. However, it is important to note that each case is unique and the admissibility and weight of WhatsApp conversations may vary according to the specific circumstances and discretion of the court.
Conclusion:
WhatsApp chats have become an integral part of modern communication and their evidentiary value in court proceedings cannot be ignored. While the Indian Evidence Act provides a framework for the admissibility, authenticity, and relevance of WhatsApp conversations, recent court judgments have emphasized the importance of complying with the requirements of Section 65B, including the need for evidence to prove the authenticity of electronic documents. Overcoming identity verification, forgery, and privacy challenges is critical to determining the probative value of WhatsApp conversations. As technology evolves, the legal system must adapt to the changing communications landscape. Courts must carefully assess the authenticity, relevance and reliability of WhatsApp conversations, taking into account the unique circumstances of each case. It is important for legal professionals to stay abreast of evolving jurisprudence regarding the probative value of WhatsApp conversations in order to effectively use them as evidence in court. WhatsApp chats can provide valuable information about the intentions, actions and interactions of those involved in the incident. However, it is important to approach WhatsApp chats with caution and ensure that they meet the necessary legal requirements and are supported by other relevant evidence. By doing so, WhatsApp chats can be an effective tool for fact-finding, truth-telling, and justice in Indian Evidence Act trials.